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Inalienable
English Etymology c. 1645, from , from . Pronunciation * * Adjective # Incapable of being alienated, surrendered, or transferred to another; not alienable. #: ''inalienable right a right that cannot be given away'' # Of or pertaining to a noun belonging to a special class in which the possessive construction differs from the norm, especially for particular familial relationships and body parts. Usage notes While inalienable and are today used interchangeably, even in legal settings, with ''in''alienable more common, the terms have historically sometimes been distinguished.“Unalienable” vs. “Inalienable”, Alfred Adask, Adask’s law, July 15, 2009, 3:56 PM Regarding current usage being interchangeable:The American Heritage Guide to Contemporary Usage and Style, Houghton Mifflin Company :The unalienable rights that are mentioned in the Declaration of Independence could just as well have been inalienable, which means the same thing. Inalienable or unalienable refers to that which cannot be given away or taken away. In legal usage, Black’s 2004 defines inalienable as:Black’s Law Dictionary (8th Edition, 2004) :Not transferable or assignable. . . . Also termed unalienable. In earlier legal usage the terms were distinguished, but not explicitly contrasted. Black’s 1910 defines inalienable as:Black’s Law Dictionary (2nd Edition, 1910) :Not subject to alienation; the characteristic of those things which cannot be bought or sold or transferred from one person to another such as rivers and public highways and certain personal rights; e.g., liberty. while it defines unalienable as: :Incapable of being aliened, that is, sold and transferred. Bouvier’s Law Dictionary (1856) defines the terms as follows: :INALIENABLE. A word denoting the condition of those things the property in which cannot be lawfully transferred from one person to another. Public highways and rivers are inalienable. There are also many rights which are inalienable, as the rights of liberty or of speech. :UNALIENABLE. Incapable of being transferred. Things which are not in commerce, as, public roads, are in their nature unalienable. Some things are unalienable in consequence of particular provisions of the law forbidding their sale or transfer; as, pensions granted by the government. The natural rights of life and liberty are unalienable. It is noteworthy that while Bouvier’s draws a distinction between the terms, it uses much the same examples (public roads, the right to liberty) for both, and does not specifically contrast them, nor is an example given of a thing that is one but not the other. If there was a historical difference, it does not appear to be clear from the literature, and any such difference is now effaced. Some authors draw a fine distinction, with un''alienable being stronger and ''absolute, while (in this usage) ''in''alienable is weaker and conditional. This draws on a more recent definition, given by the , 1952: :Inalienable Rights: Rights which are not capable of being surrendered or transferred without the consent of the one possessing such rights.Morrison v. State, (Mo. App. 1952), 252 S.W.2d 97, 101 The distinction is most often discussed, if at all, in the context of the , which uses the now less-common unalienable, but which is today frequently quoted using the now more-common ''in''alienable, as in the 1997 film Amistad. Further, some drafts used inalienable, notably the draft by .Unalienable / Inalienable Most authorities consider this an insignificant stylistic difference, though some consider this a significant distinction. Synonyms * unalienable Antonyms * alienable Translations * Armenian: * * Czech: * Dutch: * Finnish: * Hebrew: * Hungarian: * Italian: * Macedonian: * Russian: , * Scottish Gaelic: * Scottish Gaelic: References et:inalienable es:inalienable fa:inalienable fr:inalienable gl:inalienable ko:inalienable io:inalienable kn:inalienable ta:inalienable te:inalienable vi:inalienable zh:inalienable